How exactly is the original of a will identifiable?Do you have possession of the original will or just a copy ?
Don't do this. There is no place for multiple counterpart wills. Just one signed document. By all means make copies of that for backup.How exactly is the original of a will identifiable?
If I make a will and have several facsimiles made and signed by the witnesses (and solicitor?) then any copy is valid for official/probate purposes?
How would it matter if they were all identical and signed by the witnesses?Don't do this. There is no place for multiple counterpart wills. Just one signed document. By all means make copies of that for backup.
But what matter if they're all identical?Contracts can have multiple counterparts- i.e. multiple signed originals. Google "multiple counterpart clause" for lots of detail.
Each time that you execute a will, you are revoking all former wills. So if you sign 4, I guess three are revoked and the very last one signed is the final will. There is just no place in our succession rules for multiple counterparts of wills.
Yet another good reason to introduce a register of wills.
How exactly is the original of a will identifiable?
If I make a will and have several facsimiles made and signed by the witnesses (and solicitor?) then any copy is valid for official/probate purposes?
So a deathbed will, is null and void? Hardly a good state of affairs.+1
My late aunt lived in Texas.
Her will was executed by a lawyer and registered in the "official" register of wills.
When she died the executors simply applied to the Probate Court to start the process.
The additional and practical advantage was that there was no post mortem treasure hunt for the deponent' s will.
Also, the last registered will constituted the actual last will and testament.
By plain inspection.
More particularly, the deponent and the witnesses will have appended their signatures in plain ink.
In relation to facsimiles it might be theoretically possible for the solicitor to make copies of the original and to certify them in writing as being true copies of the original will. However, this generates the multiplicity problem alluded to above.
If each facsimile is certified as a true copy of the original, they're clearly not originals and there's no multiplicity problem.
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